So, You’ve Submitted a Complaint- What Happens Next?

1. So, You’ve Submitted a Complaint-What Happens Next? National Board Learning Lab Louisville, KY 18-19 August 2011 Insert Presenter Dedicated to Improving Civil Air Patrol

2. Legal Sufficiency Review Report Writing Quality Review Re-work(If Required) Investigate Closure Contact Complaint Analysis Pre-Fact Finding Fact Finding Tasking Inspector General Downs Start/Finish Assist Refer Ten Steps of Investigations Transfer Dismiss Dedicated to Improving Civil Air Patrol

3. Initial Expectations What the Complainant is hoping for: What the Investigator is hoping for: CAPF 30 submitted Clearly-defined allegation(s) Timely submission IAW CAPR 123-2 Confidentiality Communicate Status • Quick action • Sympathy • Professionalism • Fair Play • Uncomplicated • Confidentiality • Remain Informed Dedicated to Improving Civil Air Patrol

4. Contact • A complaint is a written document listing facts and circumstances specifically reporting a violation of a CAP directive, a violation of law, or serious misconduct. • All complaints should be in writing, dated, and signed by the complainant. • E-mail complaints require a written follow up with a signature within 8 days. • Only members have the right to file complaints Exception: parents or legal guardians may submit complaints on behalf of cadet members. Dedicated to Improving Civil Air Patrol

5. IG Checklist • Acknowledge receipt of complaint Dedicated to Improving Civil Air Patrol

6. ANONYMOUS COMPLAINTS • Will not receive a reply from the IG. • All complaints will receive the same level of attention. “Investigative TV test” • Should be treated in accordance to the amount of information provided. IG is not expected to make a case for someone who will not provide sufficient information for an inquiry. • Only members can make complaints (with the exception noted from prior slide). Dedicated to Improving Civil Air Patrol

7. CAPF 30 -- “IG Personal and Fraud, Waste & Abuse Complaint Registration” Dedicated to Improving Civil Air Patrol

8. CAPF 30 Contact information is not only critical, it helps prevent delays in complaint registration Dedicated to Improving Civil Air Patrol

9. CAPF 30 Do not feel compelled to stay with this “box”. The more information you provide the more we have to work from. Complaint Analysis depends on what you provide at this point as we are not yet “investigating” anything! CAPR 123-2 says this must be signed! If this gives you “pause”, then so to does it give the IG “pause”. No signature, no inquiry! Dedicated to Improving Civil Air Patrol

10. WHISTLEBLOWERPROTECTION • In compliance with Sarbanes-Oxley, the CAP Whistleblower Protection Program provides for: • Protection against reprisal or abuse of authority against members who expose any fraud, waste, mismanagement or deficiency… • Cadet protection issue or… • Abuse of authority. • “No person shall restrict a member of the Civil Air Patrol from making a protected communication.” Dedicated to Improving Civil Air Patrol

11. Complaint Analysis • Frequently, much of material in the complaint is irrelevant or may not even make sense. • Review the material and attempt to determine what the complainant’s issues are. • Read the complaint without being judgmental or drawing any conclusions. • What specific remedy is the complainant seeking? • We frame the allegations in this format: “Who did What to Whom, When and Where, in violation of What (not limited to CAP) standard?” Dedicated to Improving Civil Air Patrol

12. Complaint Analysis • Framing the allegation answers key questions, like… • Is the IG the appropriate channel to resolve this? • Is the complaint a command issue? • Does this belong to safety or standardization and evaluation? • Does the complaint involve a criminal matter? • Is the complaint a violation of non-criminal law? (Environmental -- fuel spillage, Fire codes -- improper storage of incendiary devices) Dedicated to Improving Civil Air Patrol

13. Complaint Analysis • The IG and the legal officer then…… • Discuss the Who, What, When, Where, and How of the complaint. • Discuss the applicable CAP standards. • The legal officer should contact the CAP/IGJ or the CAP General Counsel if neither of us have handled a situation like this before. • We must account for all the allegations in the complaint that we canproperly frame. Dedicated to Improving Civil Air Patrol

14. Complaint AnalysisEnd State • Allegation(s) have been framed (“Who did what to whom, when, where, in violation of what standard”) • The complaint is clear in the mind of the IG or IO and filed in Ethics Point Incident Management. • Now it is time to select from the Five disposition choices. Dedicated to Improving Civil Air Patrol

15. Action Options • The IG may… • ASSIST the complainant in resolving the issue. • REFER the case to the appropriate level of command. • TRANSFER the case to the appropriate CAP jurisdiction (IG or Otherwise). • DISMISS the complaint. • INVESTIGATE (with an appointment letter). Investigation should be the option of last resort. Dedicated to Improving Civil Air Patrol

16. “I applied for a cadet special activity through CAP channels. I sent it to my commander and a copy to the Group commander, and with less then 3-monthws to go before the activity, I still do not know if I am going or have been selected as a senior officer chaperone. I have vacation plans to submit to at work” Assist Dedicated to Improving Civil Air Patrol

17. “ Dear GW Wing IG: Although I live in Great Western Wing, I attended the Class B encampment in Great Eastern Wing this summer. While there, Lt. Touche, my tactical officer, said I looked “sexy”. What should I do? --- Cadet Rose” “ Dear GW Wing IG: Although I live in Great Western Wing, I attended the Class B encampment in Great Eastern Wing this summer. While there, Lt. Touche, my tactical officer, said I looked “sexy”. What should I do? --- Cadet Rose” Transfer Dedicated to Improving Civil Air Patrol

18. “I have been arguing with my unit commander for weeks now over what should be the unit’s training objectives. I’ve bent over backwards, but he’s going against the wishes of the unit and members are threatening to transfer out” “I have been arguing with my unit commander for weeks now over what should be the unit’s training objectives. I’ve bent over backwards, but he’s going against the wishes of the unit and members are threatening to transfer out” “I have been arguing with my unit commander for weeks now over what should be the unit’s training objectives. I’ve bent over backwards, but he’s going against the wishes of the unit and members are threatening to transfer out” Refer Dedicated to Improving Civil Air Patrol

19. “My unit had a vehicle to use assigned to it for the last five years! Although we lost some membership numbers in the last year, the stupid Wing Commander moved the van to the unit across town. What a stupid mistake that is!” Dismiss Dedicated to Improving Civil Air Patrol

20. “I wrote a letter to you last year about the problems the unit experienced with the bullying nature of my unit commander. Now, I applied for promotion to Major. I met all training and service requirements. My commander said he would not sign my promotion and forward it because he said I was a trouble maker and disloyal for going to the IG over a petty matter.” Investigate Dedicated to Improving Civil Air Patrol

21. Appointment Letter • What is an Appointment Letter? • Authorizes an investigation • Indemnifies the IG or IO • When does the Appointment Letter get issued? • Only after the IG and the Legal Officer have finished the complaint analysis, and helped the commander define the scope of the inquiry. • Who can indemnify? • Only Corporate Officers can indemnify!! Dedicated to Improving Civil Air Patrol

22. Tasking • Now it is time we think about how the investigation will be conducted and who will do it. • “The inspector general…, on behalf of the commander, shall either personally investigate the complaint, or cause an investigation to be completed.” • IGs and IO do not work in a vacuum • IGs can assemble qualified members to assist • IGs are expected to make use of qualified assistants Dedicated to Improving Civil Air Patrol

23. ABOUT 180 DAYS Tasking • How Long Does It Take to Do a CAP Investigation? • CAP Investigating Officer or IG – • Usually has three to five cases working at any one time – • With a full time job other than CAP -- Investigations should be completed AS QUICKLY AS POSSIBLE unless there is a justifiable reason for delay. In cases where the IO believes the investigation will exceed 180 days, the IO will submitjustification for this delay to the appointing authority (SEE CAPR 123-2 para 8f and I). IFEVERYONE COOPERATES Dedicated to Improving Civil Air Patrol

24. Pre-Fact Finding • To prepare to do an investigation, The IG/IO needs to prepare him/herself with: • Access to all CAP regulations and copies of key regs. • Access to a computer and a good work space. • Copies of the forms and templates you will need. • Pens, pencils, paper, “sticky notes”, high lighters, etc. • A recorder, tapes, and plenty of fresh batteries. • A filing system and a functional brief case. Dedicated to Improving Civil Air Patrol

25. Pre-Fact Finding • Interviews • are most often conducted in person. • may also be conducted by: • Telephone • Someone else on behalf of the IG • A set of questions sent to you to be answered and sent back to the IG . • Method used is determined by the sensitivity and conditions of the case. • CAP is a volunteer organization and no one has to participate in an interview, but failure to do so can adversely affect their membership. Dedicated to Improving Civil Air Patrol

26. Pre-Fact Finding • The Interview: • It is always a good idea to use a male and female interview team. • The IG has an obligation to work discreetlyand confidentially, but never covertly. • CAP is a volunteer organization and no one has to participate in an interview, but failure to do so can adversely affect their membership. Dedicated to Improving Civil Air Patrol

27. IG Checklist • Acknowledge receipt of complaint • Send status report to Appointing Authority and Complainant after 45 days Dedicated to Improving Civil Air Patrol

28. Report Writing • The Report of Investigation (ROI) includes the following points (See CAPR 123-2): • Complainant’s framed allegation. • A summary or background of the incident. • CAP standards that may be applicable. • Complainant’s documentation and/or testimony. • Subject’s documentation and/or testimony. • Witnesses’ documentation and/or testimony, if any. Dedicated to Improving Civil Air Patrol

29. Report Writing • Allegation/Conclusion classifications are either: • SUSTAINED -- The inquiry reveals “a preponderance of evidence” in support of the allegation. • NOT SUSTAINED -- The inquiry determined that the act complained of • did not occur, • was justified according to applicable directives, or • that there was not a preponderance of evidence to support the allegation. Dedicated to Improving Civil Air Patrol

30. Quality/Technical Reviews • Are done by IGs or IOs with expertise in the English language and with writing skills. • Spaling, sentance structure, subjects and verbaly agreement; • Does the report make scents (sense)? • Remember, IGs are known by their reports and Quality Reviews make better reports. • When technical expertise is required for some facet of the report, there should be a Technical Review as well. Dedicated to Improving Civil Air Patrol

31. Legal Sufficiency Review • Performed to ensure that: • each allegation has been addressed. • allegations allege a violation of law, regulation, procedure, or policy. • the IO reasonably applied the preponderance of the evidence standard in arriving at findings. • conclusions are supported by, and consistent with, the findings. • the investigation complies with all applicable legal and administrative requirements. • any errors or irregularities exist, and if so, their legal effects, if any. Dedicated to Improving Civil Air Patrol

32. Closure • The Report of Investigation is forwarded to the Appointing Authority for his/her action. • A message is sent by the IG to you and the subject saying the investigation is done and the Report of Investigation has been sent to the Appointing Authority. • A copy of the Commander’s decision letter(s) is sent to you and subject that now become part of the case file. • These files are confidential and must be kept under lock and key(IG holds the key) for a period of 5 years in accordance with CAPR 10-2. Dedicated to Improving Civil Air Patrol

33. IG Checklist • Acknowledge receipt of complaint • Send status report to Appointing Authority and Complainant after 45 days • Send completion letter to Complainant and Subject once ROI has been sent to Appointing Authority. Dedicated to Improving Civil Air Patrol

34. Legal Sufficiency Review Report Writing Quality Review Re-work(If Required) Investigate Closure Contact Complaint Analysis Pre-Fact Finding Fact Finding Tasking Inspector General Downs Start/Finish Assist Refer Ten Steps of Investigations Transfer Dismiss Dedicated to Improving Civil Air Patrol

35. Civil Air Patrol “Homeland Security is Our Heritage!”